OREM, UTAH – April 6, 2010. Federal Judge Tena Campbell ruled today that Vita-Mix Corporation has infringed Blendtec’s patent on its five-sided blending jar. Four years ago, Blendtec filed suit against Vita-Mix for copying, and selling as its own, Blendtec’s revolutionary blending jar, invented by Blendtec CEO and Will It Blend? Internet celebrity, Tom Dickson. After seven reexaminations by the US Patent Office and countless legal maneuvers by Vita-Mix’s attorneys, Vita-Mix is now an adjudicated infringer.
In her summary judgment ruling (Federal District Court, District of Utah, Case No. 2:06-CV-108, Document Number 529), Judge Campbell found that Vita-Mix’s XP commercial blending jar infringes Blendtec’s patent. The court is currently considering Vita-Mix’s invalidity defenses, which the Patent Office has already rejected in its reexaminations.
A jury trial, which begins in June of 2010, will address the remaining issues in the case. Blendtec is seeking millions of dollars in monetary damages, attorneys’ fees and enhanced damages based on its allegation of willful infringement by Vita-Mix.